A
The United States Jaycees (Jaycees), founded in 1920 as the Junior
Chamber of Commerce, is a nonprofit membership corporation, incorporated
in Missouri with national headquarters in Tulsa, Okla. The objective of
the Jaycees, as set out in its bylaws, is to pursue "such educational and
charitable purposes as will promote and foster the growth and development
of young men's civic organizations in the United States, designed to inculcate
in the individual membership of such organization a spirit of genuine Americanism
and civic interest, and as a supplementary education institution to provide
them with opportunity for personal development and achievement and an avenue
for intelligent participation by young men in the affairs of their community,
state and nation, and to develop true friendship and understanding among
young men of all nations." Quoted in Brief for Appellee. The organization's
bylaws establish seven classes of membership, including individual or regular
members, associate individual members, and local cliapters. Regular membership
is limited to young men between the ages of 18 and 35, while associate
membership is available to individuals or groups ineligible for regular
membership, principally women and older men. An associate member, whose
dues are somewhat lower than those charged regular members, may not vote,
hold local or national office, or participate in certain leadership training
and awards programs. The bylaws define a local chapter as "[a]ny young
men's organization of good repute existing in any community within the
United States, organized for purposes similar to and consistent with those"
of the national organization. App. to Juris. Statement A98. The ultimate
policymaking authority of the Jaycees rests with an annual national convention,
consisting of delegates from each local chapter, with a national president
and board of directors. At the time of trial in August 1981, the Jaycees
had approximately 295,000 members in 7,400 local chapters affiliated with
51 state organizations. There were at that time about 11,915 associate
members. The national organization's executive vice president estimated
at trial that women associate members make up about two percent of the
Jaycees' total membership. Tr. 56.
New members are recruited to the Jaycees through the local chapters,
although the state and national organizations are also actively involved
in recruitment trough a variety of promotional activities. A new regular
member pays an initial fee followed by annual dues; in exchange, he is
entitled to participate in all of the activities of the local, state, and
national organizations. The national headquarters employs a staff to develop
"program kits" for use by local chapters that are designed to enhance individual
development, community development, and members' management skills. These
materials include courses in public speaking and personal finances as well
as community prograrns related to charity, sports, and public health. The
national office also makes available to members a range of personal products,
including travel accessories, casual wear, pins, awards, and other gifts.
The programs, products, and other activities of the organization are all
regularly featured in publications made available
to the membership, including a magazine entitled "Future."
B
In 1974 and 1975, respectively, the Minneapolis and St. Paul chapters
of the Jaycees began admitting women as regular members. Currently, the
memberships and boards of directors of both chapters include a substantial
proportion of women. As a result, the two chapters have been In violation
of the national organization's bylaws for about 10 years. The national
organization has imposed a number of sanctions on the Minneapolis and St.
Paul bylaws, including denying their members eligibility for state or programs,
and refusing to count their membership in computing votes chapters for
violating the national office or awards at national conventions.
In December 1978, the president of the national organization advised
both chapters that a motion to revoke their charters would be considered
at a forthcoming meeting of the national board of directors in Tulsa. Shortly
after receiving this notification, members of both chapters filed charges
of discrimination with the Minnesota Department of Human Rights. The complaints
alleged that the exclusion of women from full membership required by the
national organization's bylaws violated the Minnesota Human Rights Act
(Act), which provides in part:
"It is an unfair discriminatory practice: "To deny any person the full
and equal enjoyment of the goods, services, facilities, privileges, advantages,
and accommodations of a place of public accommodation because of race,
color, creed, religion, disability, national origin or sex." Minn.Stat.
s 363.03, subd. 3 (1982). The term "place of public accommodation" is defined
in the Act as "a business, accommodation refreshment, entertainment, recreation,
or transportation facility of any kind, whether licensed or not, whose
goods, services, facilities, privileges, advantages or accommodations are
extended offered, sold, or otherwise made available to the public." s363.0l,
subd. 18.
After an investigation, the Commissioner of the Minnesota Department
of Human Rights found probable cause to believe that the sanctions imposed
on the local chapters by the national organization violated the statute
and ordered that an evidentiary hearing be held before a state hearing
examiner. Before that hearing took place, however, the national organization
brought suit against various state officials, appellants here, in the United
States District Court for the District of Minnesota, seeking declaratory
and injunctive relief to prevent enforcement of the Act. The complaint
alleged that, by requiring the organization to accept women as regular
members, application of the Act would violate the male members' constitutional
rights of free speech and association.
With the agreement of the parties, the District Court dismissed the
suit without prejudice, stating that it could be renewed in the event the
state administrative proceeding resulted in a ruling adverse to the Jaycees.
The proceeding before the Minnesota Human Rights Department hearing examiner then went forward and, upon its completion, the examiner filed findings of fact and conclusions of law. The examiner concluded that the Jaycees organization is a "place of public accommodation" within the Act and that it had engaged in an unfair discriminatory practice by excluding women from regular membership. He ordered the national organization to cease and desist from discriminating against any member or applicant for membership on the basis of sex and from imposing sanctions on any Minnesota affiliate for admitting women. Minnesota V. United States Jaycees, No. HR-79-014-OB (Minn Office of Hearing Examiners for the Dept. of Human Rights, Oct. 9, 1979) (hereinafter Report), App. to Juris. Statement A107-A109. The Jaycees then filed a renewed complaint in the District Court, which in turn certified to the Minnesota Supreme Court the question whether the Jaycees organization is a "place of public accommodation" within the meaning of the State's Human Rights Act. See App. 32.
With the record of the administrative hearing before it, the Minnesota Supreme Court answered that question in the affirmative. United States Jaycees v. McClure, 305 N.W.2d 764 (1981). Based on the Act's legislative history, the court determined that the statute is applicable to any "public business facility." Id., at 768. It then concluded that the Jaycees organization (a) is a "business" in that it sells goods and extends privileges in exchange for annual membership dues; (b) is a "public" business in that it solicits and recruits dues-paying members based on unselective criteria; and (c) is a public business "facility" in that it conducts its activities at fixed and mobile sites within the State of Minnesota. Id., at 768-774.
Subsequently, the Jaycees amended its complaint in the District Court
to add a claim that the Minnesota Supreme Court's interpretation of the
Act rendered it unconstitutionally vague and overbroad. The federal suit
then proceeded to trial, after which the District Court entered judgment
in favor of the state officials. United States Jaycees v. McClure, 534
F.Supp. 766 (1982). On
appeal, a divided Court of Appeals for the Eighth Circuit reversed.
United States Jaycees v. McClure, 709 F.2d 1560(1983). The Court of Appeals
determined that, because "the advocacy of political and public causes,
selected by the membership, is a not insubstantial part of what [the Jaycees]
does," the organization's right to select its members is protected by the
freedom of association guaranteed by the First Amendment. Id., at 1570.
It further decided that application of the Minnesota statute to the Jayceest
membership policies would produce a "direct and substantial" interference
with that freedom, id., at 1572, because it would necessarily result in
some change in the Jaycees' philosophical cast," id., at 1571, and would
attach penal sanctions to those responsible for maintaining the policy,
id., at 1572. The court concluded that the State's interest in eradicating
discrimination is not sufficiently compelling to outweigh this interference
with the Jaycees' constitutional rights, because the organization is not
wholly "public,” id., at 1571-1572, 1573, the state interest had been asserted
selectively, id., at 1573, and the anti-discrimination policy could be
served in a number of ways less intrusive of First Amendment freedoms,
id., at 1573-1574.
Finally, the court held, in the alternative, that the Minnesota statute
is vague as construed and applied and therefore unconstitutional under
the Due Process Clause of the Fourteenth Amendment. In support of this
conclusion, the court relied on a statement in the opinion of the Minnesota
Supreme Court suggesting that, unlike the Jaycees, the Kiwanis Club is
"private'1 and therefore not subject to the Act. By failing to provide
any criteria that distinguish such "private" organizations from the "public
accommodations" covered by the statute, the Court of Appeals reasoned,
the Minnesota Supreme Court's interpretation rendered the Act unconstitutionally
vague. Id., at 1576-1578.
II
Our decisions have referred to constitutionally protected "freedom
of association" in two distinct senses. In one line of decisions, the Court
has concluded that choices to enter into and maintain certain intimate
human relationships must be secured against undue intrusion by the State
because of the role of such relationships in safeguarding the individual
freedom that is central to our constitutional scheme. In this respect,
freedom of association receives protection as a fundamental element of
personal liberty. In another set of decisions, the Court has recognized
a right to associate for the purpose of engaging in those activities protected
by the First Amendment--speech, assembly, petition for the redress of grievances,
and the exercise of religion. The Constitution guarantees freedom of association
of this kind as an indispensable means of preserving other individual liberties.
The intrinsic and instrumental features of constitutionally protected
association may, of course, coincide. In particular, when the State interferes
with individuals' selection of those with whom they wish to join in a common
endeavor, freedom of association in both of its forms may be implicated.
The Jaycees contend that this is such a case. Still, the nature and degree
of constitutional protection afforded freedom of association may vary depending
on the extent to which one or the other aspect of the constitutionally
protected liberty is at stake in a given case We therefore find it useful
to consider separately the effect of applying the Minnesota statute to
the Jaycees on what could be called its members' freedom of intimate association
and their freedom of expressive association.
A
The Court has long recognized that, because the Bill of Rights is designed
to secure individual libeny, it must afford the formation and preservation
of certain kinds of highly personal relationships a substantial measure
of sanctuary from unjustified interference by the State. E.g., Pierce V.
Society of Sisters, 268 U.S. 510,534-535,45 S.Ct. 571,573,69 L.Ed. 1070(1925);
Meyer V. Nebraska, 262 U.s. 390, 399, 43 S.Ct. 625, 626, 67 L.Ed. 1042
(1923). Without precisely identifying every consideration that may underlie
this type of constitutional protection, we have noted that certain kinds
of personal bonds have played a critical role in the culture and traditions
of the Nation by cultivating and transmitting shared ideals and beliefs;
they thereby foster diversity and act as critical buffers between the individual
and the power of the State. See, e.g., Zablocki V. Redhail, 434 U.S. 374,383-386,98
S.Ct. 673., 679-681,54 L.Ed.2d 618(1978); Moore V. East Cleveland, 431
U.S. 494, 503-504, 97 S.Ct. 1932, 1937-38, 52 L.Ed.2d 531 (1977) (plurality
opinion); Wisconsin V. Yoder, 406 U.S. 205, 232, 92 S.Ct. 1526, 1541, 32
L.Ed.2d 15 (1972); Griswold v. Connecticut, 381 U.S. 479,482485, 85 S.Ct
1678, 1680-1682, 14 L.Ed.2d 510(1965); Pierce V. Society of Sisters, supra,
268 U.S., at 535,45 S.Ct., at 573. See also Gilmore v. City of Montgomery,
417 U.S. 556,575,94 S.Ct. 2416,2427, 41 L.Ed.2d 304(1974); NAACP v. Alabama
ex rel. Patterson, 357 U.S. 449, 460-462, 78 S.Ct.
1163,1170-1171,2 L.Ed.2d 1488(1958); Poe v. Ullman, 367 U.S. 497,542-545,81
S.Ct. 1752
1776-78, 6 L.Ed.2d 989 (1961) (Harlan, J., dissenting). Moreover, the
constitutional shelter afforded such relationships reflects the realization
that individuals draw much of their emotional enrichment from close ties
with others. Protecting these relationships from unwarranted state interference
therefore safeguards the ability independently to define one's identity
that is central to any concept of liberty. See, e.g., Quilloin V. Walcott,
434 U.S. 246, 255, 98 S.Ct. 549, 554, 54 L.Ed.2d 511(1978); Smith V. Organization
of Foster Families, 431 U.S. 816,844,97 S.Ct. 2094, 2109,53 L.Ed.2d 14(1977);
Carey V. Population Services International, 431 U.S. 678,684-686, 97 S.Ct.
2010, 2015-2016, 52 L.Ed.2d 675 (1977); Cleveland Board of Education V.
La Fleur, 414 U.S. 632, 639-640, 94 S.Ct 791, 796, 39 L.Fl.2d 52 (1974);
Stanley V. Illinois, 405 U.S. 645, 651-652, 92 S.Ct. 1208, 1212-1213,31
L.Ed.2d 551(1972); Stanley v. Georgia, 394 U.S. 557, 564, 89 S.Ct. 1243,
1247, 22 L.Ed.21 542 (1969); Olmstead V. United States, 277 U.S. 438, 478,48
S.Ct. 564,572,72 L.Ed. 944(1928) (Brandeis, J., dissenting).
The personal affiliations that exemplify these considerations, and
that therefore suggest some relevant limitations on the relationships that
might be entitled to this sort of constitutional protection, are those
that amend the creation and sustenance of a family--marriage, e.g., Zablocki
V. Redhail, supra; childbirth, e.g., Carey V. Population Services International,
supra; the raising and education of children, e.g., Smith v. Organization
of Foster Families, supra; and cohabitation with one's relatives, e.g.,
Moore v. East Cleveland, supra. Family relationships, by their nature,
involve deep attachments and commitments to the necessarily few other individuals
with whom one shares not only a special community of thoughts, experiences,
and beliefs but also distinctively personal aspects of one’s life. Among
other things, therefore, they &e distinguished by such attributes as
relative smallness, a high degree of selectivity in decisions to begin
and maintain the affiliation, and seclusion from others in critical aspects
of the relationship. As a general matter, only relationships with these
sorts of qualities are likely to reflect the considerations that have led
to an understanding of freedom of association as an intrinsic element of
personal liberty.
Conversely, an association lacking these qualities--such as a large business enterprise--seems remote from the concerns giving rise to this constitutional protection. Accordingly, the Constitution undoubtedly imposes constraints on the State's power to control the selection of one's spouse that would not apply to regulations affecting the choice of one's fellow employees. Compare Loving V. Virginia, 388 U.S. 1, 12,87 S.Ct. 1817, 1823, 18 L.Ed.2d 1010(1967), with Railway Mail Asso. V. Corsi, 326 U.S. 88,93-94,65 S.Ct. 1483, 1487,89 L.Ed. 2072(1945).
Between these poles, of course, lies a broad range of human relationships
that may make greater or lesser claims to constitutional protection from
particular incursions by the State. Determining the limits of state authority
over an individual's freedom to enter into a particular association therefore
unavoidably entails a careful assessment of where that relationship's objective
characteristics locate it on a spectrum from the most intimate to the
most attenuated of personal attachments. See generally Runyon V. McCrary,
427 U.S. 160, 187-189, 96 s.Ct. 2586, 2602- 2603, 49 L.Ed.2d 415 (1976)
(POWBLL, J., concurring). We need not mark the potentially significant
points on this terrain with any precision. We note only that factors that
may be relevant include size, purpose, policies, selectivity, congeniality,
and other characteristics that in a particular case may be pertinent. In
this case, however, several features of the Jaycees clearly place the organization
outside of the category of relationships worthy of this kind of constitutional
protection.
The undisputed facts reveal that the local chapters of the Jaycees are
large and basically unselective groups. At the time of the state administrative
hearing, the Minneapolis chapter had approximately 430 members, while the
St. Paul chapter had about 400. Report, App. to Suns. Statement A- 99,
A-I 00. Apart from age and sex, neither the national organization nor the
local chapters employ any criteria for judging applicants for membership,
and new members are routinely recruited and admitted with no inquiry into
their backgrounds. See 1 Tr. of State Administrative Hearing 124-132, 135-136,174-176.
In fact, a local officer testified that he could recall no instance in
which an applicant had been denied membership on any basis other than age
or sex. Id., at 135. Cf. Tilirnan v. Wheaton-Haven Recreation Assn., Inc.,
410 U.s. 431,438, 93 S.Ct. 1090, 1094, 35 L.Ed.2d 403 (1973) (organization
whose only selection criterion is race has "no plan or purpose of exclusivenesst'
that might make it a private club exempt from federal civil rights statute);
Sullivan V. Little Hunting Park, Inc., 396 U.S. 229, 236, 90 S.Ct. 400,
404, 24 L.Ed.2d 386 (1969) (saine); Daniel v. Paul, 395 U.S. 298, 302,
89 S.Ct. 1697, 1699, 23 L.Ed.2d 318 (1969) (same). Furthermore, despite
their inability to vote, hold office, or receive certain awards, women
affiliated with the Jaycees attend various meetings, participate in selected
projects, and engage in many of the organization's social functions. See
Tr. 58. Indeed, numerous non-members of both genders regularly participate
in a substantial portion of activities central to the decision of many
members to associate with one another, including many of the organization's
various community programs, awards ceremonies, and recruitment meetings.
See, e.g., 305 N.w.2d, at 772; Report, App. to Juris. Statement A102, AbS.
In short, the local chapters of the Jaycees are neither small nor selective.
Moreover, much of the activity central to the formation and maintenance
of the association involves the participation of strangers to that relationship.
Accordingly, we conclude that the Jaycees chapters lack the distinctive
characteristics that might afford constitutional protection to the decision
of its members to exclude women. We turn therefore to consider the extent
to which application of the Minnesota statute to compel the Jaycees to
accept women infringes the group's freedom of expressive association.
B
An individual's freedom to speak, to worship, and to petition the government
for the redress of grievances could not be vigorously protected from interference
by the State unless a correlative freedom to engage in group effort toward
those ends were not also guaranteed. See, e.g., Citizens Against Rent Control/Coalition
for Fair Housing v. Berkeley, 454 U.S. 290, 294, 102 S.Ct. 434, 456,70
L.Ed.2d 492(1981). According protection to collective effort on behalf
of shared goals is especially important in preserving political and cultural
diversity and in shielding dissident expression from suppression by the
majority. See, e.g., Gilmore V. City of Montgomery, 417 U.S., at 575,94
S.Ct., at 2427; Griswold v. Connecticut, 381 U.S., at 482-485,85 S.Ct.,
at 1680 1682; NAACP v. Button, 371 U.S. 415,431,83 S.Ct. 328,337,9 L.Ed.2d
405(1963); NAACP v. Alabama ex rel. Patterson, 357 U.S., at 462, 78 S.Ct.,
at 1171. Consequently, we have long understood as implicit in the right
to engage in activities protected by the First Amendment a corresponding
right to associate with others in pursuit of a wide variety of p6litical,
social, economic, educational, religious, and cultural ends. See, e.g.,
NAACP v. Claiborne Hardware Co., 458 U.S. 886, 907-909 932-933, 102 S.Ct.
3409, 3422-3423, 3436, 73 L.Ed.2d 1215 (1982); Larson V. Valente, 456 U.S.
228, 244-246, 102 S.Ct 1673, 1683, 1684, 72 L.Ed.2d 33 (1982); In re Primus,
436 U.S. 412,426,98 S.Ct. 1893, 1901, 56 L.Ed.2d 417(1978); Abood V. Detroit
Board of Education, 431 U.S. 209,231, 97 S.Ct. 1782,1797, 52 L.Ed.2d 261(1977).
In view of the various protected activities in which the Jaycees engages,
see infra, at 3254, that right is plainly implicated in this case.
Government actions that may unconstitutionally infringe upon this freedom can take a number of forms. Among other things, government may seek to impose penalties or withhold benefits from individuals because of their membership in a disfavored group, e.g., Ilealy v. James, 408 U.S. 169, 180-184, 92 S.Ct. 2338,2345-2347, 33 L.Ed.2d 266(1972); it may attempt to require disclosure of the fact of membership in a group seeking anonymity, e.g., Brown V. Socialist Workers '74 Campaign Committee, supra, 459 U.S. 87, 91-92, 103 S.Ct. 416, 419-421, 74 L.Ed.2d 250 (1982); and it may try to interfere with the internal organization or affairs of the group, e.g., Cousins V. Wigoda, 419 U.S. 477, 487-488, 95 S.Ct. 541, 547, 42 L.Ed.2d 595 (1975). By requiring the Jaycees to admit women as full voting members, the Minnesota Act works an infringement of the last type. There can be no clearer example of an intrusion into the internal structure or affairs of an association than a regulation that forces the group to accept members it does not desire. Such a regulation may impair the ability of the original members to express only those views that brought them together. Freedom of association therefore plainly presupposes a freedom not to associate. See Abood V. Detroit Board of Education, supra, 431 U.S., at 234-235,97 S.Ct., at 1799.
The right to associate for expressive purposes is not, however, absolute.
Infringements on that right may be justified by regulations adopted to
serve compelling state interests, unrelated to the suppression of ideas,
that cannot be achieved through means significantly less restrictive of
associational freedoms. E.g., Brown v. Socialist Workers '74 Campaign Committee,
459 U.S., at 91-92, 103 S.Ct., at 419-421; Democratic Party of United States
v. Wisconsin, 450 U.S. 107 at 124, 101 S.Ct. 1010 at 1020, 67 L.Ed.2d 82
(1981); Buckley V. Valco, 424 U.S. 1, 25, 96 S.Ct. 612, 637, 46 L.Ed.2d
659 (1976) (per curiam); Cousins v. Wigoda, supra, 419 U.S., at 489, 95
S.Ct., at 548; American Party of Texas V. White, 415 U.S. 767, 780-781,
94 S.Ct. 1296, 1305- 1306, 39 L.Ed.2d 744 (1974); NAACP V. Button, supra,
371 U.S., atA38, 83 S.Ct, at 340; Shelton v. Tucker, 364 U.S. 479, 486,
488, 81 S.Ct. 247, 252, 5 L.Ed.2d 231(1960). We are persuaded that Minnesota's
compelling interest in eradicating discrimination against its female citizens
justifies the impact that application of the statute to the Jaycees may
have on the male members' associational freedoms.
On its face, the Minnesota Act does not aim at the suppression of speech,
does not distinguish between prohibited and permitted activity on the basis
of viewpoint, and does not license enforcement authorities to administer
the statute on the basis of such constitutionally impermissible criteria.
See also infra, at 3255-3257. Nor does the Jaycees contend that the Act
has been applied in this case for the purpose of hampering the organization’s
ability to express its views. Instead, as the Minnesota Supreme Court explained,
the Act reflects the State's strong historical commitment to eliminating
discrimination and assuring its citizens equal access to publicly available
goods and services. See 305 N.W.2d, at 766-768. That goal, which is unrelated
to the suppression of expression, plainly serves compelling state interests
of the highest order.
Justice REFINQUIST concurs in the judgment.
THE CHIEF JUSTICE and Justice BLACKMUN took no part in the decision
of this case. CONCURRING OPINION